South Africa Case Law

APL Cartons (Pty) Ltd v Corruseal Group (Pty) Ltd and Others (IM196Mar22; INT086Aug22)

APL Cartons (Pty) Ltd v Corruseal Group (Pty) Ltd and Others (IM196Mar22; INT086Aug22) [2022] ZACT 40; [2023] 1 CPLR 11 (27 September 2022)

Court

Competition Tribunal

Case number

IM196Mar22; INT086Aug22

Judges

A Wessels, M Mazwai, L Mncube

The Competition Tribunal allowed APL Cartons to intervene in a merger case involving Corruseal and Neopak, limiting participation to specified competition issues and confidentiality rules.

• Intermediate Merger
• Scope Of Intervention
• Foreclosure Theory
• Access To Confidential Information
• Market Dynamics
• Procedural Rights

Caxton & CTP Publishes and Printers Ltd v Naspers Ltd and Others (72/CAC/Aug 2007)

Caxton & CTP Publishes and Printers Ltd v Naspers Ltd and Others (72/CAC/Aug 2007) [2007] ZACAC 4 (8 October 2007)

Court

Competition Appeal Court

Case number

72/CAC/Aug 2007

Judges

Levinsohn, Davis, Mailula

The court held that the Competition Tribunal acted within its powers under section 53(1)(c)(v) of the Competition Act by limiting the scope of Caxton's intervention to specific issues. The Tribunal has a wide discretion to recognise participants and regulate its proceedings, including defining the ambit of intervention to ensure relevance and efficiency. Unlimited intervention would undermine the orderly and expeditious conduct of merger hearings and could result in excessive discovery and delays. The Tribunal's order was neither ultra vires nor an improper exercise of discretion. The review…

Source excerpt

• Merger Control
• Scope Of Intervention
• Competition Act Section 53
• Tribunal Discretion
• Procedural Fairness

Industrial Development Corporation of South Africa Ltd and Another in re: Anglo American Holdings Ltd and Kumba Resources Ltd; Anglo South Africa Capital (Pty) Ltd v Anglovaal Mining Ltd (1)

Industrial Development Corporation of South Africa Ltd and Another in re: Anglo American Holdings Ltd and Kumba Resources Ltd; Anglo South Africa Capital (Pty) Ltd v Anglovaal Mining Ltd (1) [2002] ZACT 53 (26 September 2002)

Court

Competition Tribunal

Case number

45/LM/Jun02 and 46/LM/Jun02

Judge

NM Manoim

The Competition Tribunal held that the IDC could intervene meaningfully in the merger case, with confidential access for its lawyers and experts, and that the Tribunal could call an independent economist.

• Merger Control
• Public Interest Test
• Scope Of Intervention
• Confidential Information Access
• Tribunal Expert Evidence
• Merger-control